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- A-5600-17T5 Opinionnjcourts.gov… Argued January 9, 2019 – Decided Before Judges Ostrer and Currier. On appeal from Superior … agreement did not specify a sentence the prosecutor would recommend. Instead, it provided, "Free to speak. Defendant to … if "the victim [was] on the ground when the strike took place." Assured by the prosecutor that the issue was …
- A-3492-15T4 Opinionnjcourts.gov… Submitted November 14, 2017 – Decided Before Judges Yannotti and Leone. On appeal from Superior … 08-01-0025. Joseph E. Krakora, Public Defender, attorney for appellant (William Welaj, Designated Counsel, on the … IF CONVICTED AT TRIAL, HE 4 A-3492-15T4 REJECTED THE PLEA RECOMMENDATION OFFERED BY THE STATE AND INSTEAD PROCEEDED TO …
- A-0868-16T3 Opinionnjcourts.gov… Argued December 14, 2017 – Decided Before Judges Simonelli and Rothstadt. On appeal from Superior … applied for PTI, and the Criminal Division Manager recommended defendant's admission, but the prosecutor … in a seriously injured victim, and the victim's well placed opposition to her entry into PTI. Defendant simply …
- A-46-15 Opinionnjcourts.gov… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … second discretionary extended-term sentence for an offense committed before the entry of a first extended-term … that occurred before defendant’s first sentencing took place. In 2012, we held that the plain language of N.J.S.A. …
- 013476-2016 Opinionnjcourts.gov… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … in plain English and set forth the necessary details (place to file, time to file, address for filing, procedures …
- njcourts.gov… Argued September 29, 2022 – Decided October 28, 2022 Before Judges Sumners and Geiger. On appeal from the Superior … award in favor of defendant American Millennium Insurance Company (AMIC). The order entered final judgment confirming … AAA Rules did not specifically give the panel authority to place conditions on the dismissal request, the MGA required …
- njcourts.gov… CORP., Plaintiff, v. MICHAEL FOSTOK, Defendant. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … "swindled" $240,000 from her to invest in his construction company. The venture failed. On August 20, 2013, plaintiff … was to be vacated, credited, modified, or remain in place after restitution was ordered. We do not accept …
- A-1180-21 - A.P.C. VS. S.B. (FV-13-1692-21, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) Opinionnjcourts.gov… Submitted October 17, 2022 – Decided November 7, 2022 Before Judges Mayer and Enright. On appeal from the Superior … 2C:25-17 to -35. The Family Part judge found defendant committed the predicate acts of harassment, N.J.S.A. … The text messages and 3 A-1180-21 telephone calls were placed at all hours of the night and continued despite …
- A-1056-20 – DANIEL MCBREARTY VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) Opinionnjcourts.gov… Submitted October 26, 2022 – Decided November 30, 2022 Before Judges Gooden Brown and Mitterhoff. On appeal from the … "a substantial likelihood existed that [McBrearty] would commit a new crime if released on parole at this time" and a … had no prior criminal record, McBrearty asserts the Board placed undue "emphasis on the facts and circumstances" …
- njcourts.gov… Argued October 3, 2022 – Decided November 3, 2022 Before Judges Currier, Enright, and Bishop-Thompson. On appeal … the court's December 27, 2021 order denying his motion to compel the forensic psychiatric examination of a … or deny a psychiatric examination, "[m]uch reliance must be placed upon the judgment of the trial court." Ibid. Mindful …
- A-0514-21 Opinionnjcourts.gov… Defendant-Respondent, and DONALD J. SCIARETTA, trustee for the DONALD J. SCIARETTA FAMILY DYNASTY TRUST AGREEMENT … an arbitration provision. Donald appeals from an order compelling him to arbitration. He argues that he is not a … The evidentiary hearing in the family court should take place before the arbitration hearing. The parties have …
- A-0641-21 Opinionnjcourts.gov… Submitted September 12, 2022 – Decided October 21, 2022 Before Judges Whipple, Mawla and Marczyk. On appeal from the … parked his cruiser behind the SUV. Griffin, seeing exhaust coming from the vehicle and concluding that it was running, … is simply whether a reasonable person in the individual's place would feel free to terminate the encounter and depart. …
- A-3745-18 Opinionnjcourts.gov… Argued September 15, 2021 - Decided October 14, 2022 Before Judges Accurso and Rose. On appeal from the Superior … shown the transcript of the call, Saunders admitted he'd placed it. He explained he'd identified defendant as the man … FAILURE OF THE TRIAL COURT TO INSTRUCT THE JURY ON MUTUAL COMBAT AS A LESSER-INCLUDED OFFENSE OF AGGRAVATED ASSAULT …
- A-0424-21 Opinionnjcourts.gov… Submitted September 13, 2022 – Decided October 11, 2022 Before Judges Gilson and Rose. On appeal from the Superior … August 27, 2021 order that dismissed with prejudice their complaint against Frank Ortega (Ortega) and Ortega & Di … the trial was thereafter adjourned and did not take place in 2021.1 In March 2021, Aaron, individually and …
- L-2331-15 Opinionnjcourts.gov… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MORRIS … Decided: May 30, 2018 Michael R. Griffinger, Esq., Attorney for Plaintiffs ASHLAND LLC F/K/A ASHLAND INC, INTERNATIONAL … the nonbankrupt party has knowledge of facts sufficient to place the party on notice that a ‘potential’ …
- A-3894-15T4 Opinionnjcourts.gov… Submitted October 3, 2017 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … burden of proof. Defendant's sentencing hearing took place on August 14, 2009. Defendant appeared with new …
- A-5356-14T4 Opinionnjcourts.gov… Argued October 26, 2017 – Decided Before Judges Simonelli, Haas and Rothstadt. On appeal from … this case are set forth at length in Judge Kimarie Rahill's comprehensive twenty-six-page written decision and need not … the field sobriety tests, Officer Cerro arrested him, placed him in his patrol car, and drove to the police …
- A-3744-15T4 Opinionnjcourts.gov… Submitted May 31, 2017 – Decided Before Judges Messano and Grall. On appeal from the Superior … PER CURIAM In this civil action between former spouses on a complaint and counterclaim alleging "malicious prosecution" … his departure. When plaintiff left, he was going to his workplace to check his schedule for the next day, and he took …
- A-0485-16T2/A-0486-16T2 Opinionnjcourts.gov… Argued September 19, 2017 – Decided Before Judges Reisner, Hoffman, and Gilson. On appeal from the … the motion of defendant PBA 49 to dismiss plaintiffs' complaint for a declaratory judgment. I. Historically, … seek to have the court determine whether a merger took place. As we have already explained, the arbitrator will …
- A-0523-15T2 Opinionnjcourts.gov… NO. A-0523-15T2 WILLIAM S. BARNETT, Plaintiff-Appellant, v. COMMISSIONERS OF FIRE DISTRICT NO. 1 IN HARRISON TOWNSHIP, … Argued March 21, 2017 – Decided Before Judges Messano and Guadagno. On appeal from the … mootness before the judge. On January 30, 2014, the judge placed an extensive oral decision on the record comprising …